Sundar v. Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.06.2022
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR CRL.O.P.NO.12246 OF 2022 Sundar ... Petitioner Vs
1. State Represented By, The Inspector of Police, J-3 Guindy Police Station, Chennai.
2. Vijayakumar ... Respondents PRAYER:
Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to quash the FIR in Crime No.130 of 2022 pending on the file of the 1st respondent police herein to secure the ends of justice or to prevent the abuse of the process of any Court.
For Petitioner : Ms.L.Jayamalini For R1 : Mr.A.Gokulakrishnan Additional Public Prosecutor For R2 : Mr.H.Arit Ali
O R D E R
This petition has been filed to quash the FIR in Crime No.130 of 2022 registered for the offences under Sections 385 and 506(i) of IPC, pending on the file of the 1st respondent police.
2. As both the parties have compromised and settled the matter amicably among themselves, they have filed the present petition for compounding the offence as the entire allegations in the FIR regards to some business transactions.
3. The petitioner and the defacto complainant are present https://hcservices.ecourts.gov.in/hcservices/
before this Court today and they are also identified by Mr.S.Radhakrishnan, Sub-Inspector of Police, J-3, Guindy Police Station, Chennai, who is also present at the time of hearing. In order to identify the respective parties, they have also produced the copies of the Aadhaar Card and it is made part of the record. In the petition, it has been stated that the petitioner and the second respondent have entered into a compromise and amicably settled their issues in Crime No.130 of 2022. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.
4. Under such circumstances, no useful purpose will be served in keeping the First Information Report pending, even though, the offences involved are not compoundable in nature. In the light of the guidelines given by the Hon'ble Supreme Court reported in 2017 9 SCC 641-(Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath), and after exercising due caution as advised by the Hon'ble Supreme Court in The State of Madhya Pradesh v. Dhruv Gurjar and Another reported in (2019) 2 MLJ Crl 10, this Court in exercise of its jurisdiction under Section 482 Cr.P.C. is inclined to quash the case in Crime No.130 of 2022 on the file of the 1st respondent.
5. Accordingly, this Criminal Original Petition is allowed and the First Information Report registered in Crime No.130 of 2022 against the petitioner on the file of the 1st respondent police is quashed.
Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar rgi/ham To
1. The Inspector of Police, J-3 Guindy Police Station, Chennai.
2. The Public Prosecutor, High Court of Madras.
Crl.O.P.No.12246 of 2022 AD(CO) PM/06/07/2022 https://hcservices.ecourts.gov.in/hcservices/